No. New York does not recognize transfer-on-death (TOD) deeds for real estate. Unlike many states, you cannot name a beneficiary on your property deed so your home passes to them automatically when you die. In New York, if you want your home to skip probate, you have to use a different tool, most commonly a living trust, joint ownership with right of survivorship, or a life estate deed.
What a transfer-on-death deed is
In the states that allow them, a transfer-on-death deed lets you name a beneficiary right on your deed. You keep full control of the property while you are alive, you can sell it or change your mind anytime, and when you pass, the home transfers to the named person without going through probate. It is popular because it is simple. New York, however, has not adopted it, so a deed that tries to name a death beneficiary will not do what people expect here.
How to pass your home outside probate in New York
You can still keep your home out of probate in New York, you just use one of these instead:
A living trust. You place the home into a revocable living trust and name who inherits it. You stay in control during your lifetime, and at death the property passes to your beneficiaries without probate. This is the closest New York equivalent to a transfer-on-death deed.
Joint ownership with right of survivorship. If you own the home jointly with someone, such as a spouse, with rights of survivorship, your share passes automatically to the surviving owner when you die, with no probate needed.
A life estate deed. You deed the property now but keep a life estate, the legal right to live there for the rest of your life. When you pass, it goes to the person named as the remainder holder. A life estate deed still has to be signed, notarized, and recorded to be valid.
Why bother avoiding probate?
Probate in New York can take months, cost money in court and legal fees, and it is public. Passing your home through a trust or survivorship keeps it faster, more private, and less stressful for your family at an already hard time.
Where to start
Because each option has different tax and legal consequences, the right choice depends on your situation, and that is a conversation for a licensed attorney. When you are ready to prepare and sign your documents, our estate planning services guide you through wills, living trusts, and powers of attorney, and we handle the notarization and any recording.
Frequently asked questions
Can I add a beneficiary to my deed in New York?
Not the way a transfer-on-death deed works in other states. To control who inherits your home, use a trust, survivorship ownership, or a life estate.
Is a living trust better than a will for my house?
A will still goes through probate; a properly funded living trust does not. Many plans use both. An attorney can tell you what fits.
Does a life estate deed need to be recorded?
Yes. Like any deed, it must be notarized and recorded with the city or county to be effective.
This article is general information, not legal advice. Estate and property decisions have lasting consequences, so consult a licensed attorney.